LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

K.Sreenivasan (Manager)     08 April 2015

Car parking in apartment

Dear Sir

Our apartment in Chennai has 9 flats.

The construction agreement and sale deed were completed in 2006. 

The builder has not sold car parking to flat owners.

In the construction agreement and sale deed documents also, there is no mention about car parking.

we have parallel type parking for 6 cars ( any car can be taken out any time without disturbing next car)

 on one side of the building with larger widdth, and serial parking  (one car parked behind other

and the front cars have to come out of parking to facilitate cars parked behind) for 3 cars on the other side of building with smaller widdth.

Un-registered flat owners association was formed in 2007 and some flat owners formed association(not registered)  and became office bearers.They choose the advantageous larger parallel  parking area for them and their friends, and marked for them these parkings ( 6 flats)

For the other 3 flat owners ( that includes me ) they provided parking in disadvantage serial parking area.The flat owners in this side  were silenced by telling that the allotment is made by the builder!! unfortunateely nobody took pains to verify as there was only car avilable in serial parking area that time.

Subsequently  three active cars are now required  to be parked on serial parking side and this is posing lot of problems.

We want to shift atleast one car from this side to the parallel parking side. This can be accommadated

with adjsutments and revising the car parking to 7 cars on parallel-parking side and 2 cars to serial parking side.

Now new office bearers are chosen for the management committee .we want to be fair to all and go for above revision.

The old management group refuse to agree for this and they still argue that once the original parking allotment is made by builder,that is final and flat  management association has no right to change even one car parking.

We are new management comiittee ...are we legally authorize to change the parking allotment

as per our new policy of share the benefit with everybody?

Will request your esteemed opinion.

Regards

K,Sreenivasan

 



 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 April 2015

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Supreme Court of India, the builder is not allowed to sell parking spaces outside the FSI consumed. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 April 2015

When there is no registered association it will be a free for all and utter confusion. There is no question of what is legal and what is illegal. If you had a registered association there would have been byelaws and the byelaws would deal with the question of parking lots. It is difficult to find a solution in your case and if you find a solution how will you implement it? Who has the authority?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register